Can I Request a Guardian ad Litem for My Illinois Custody Case?

 Posted on February 11, 2026 in Family Law

When parents disagree about parental responsibilities or parenting time, the court sometimes needs help deciding what is best for the child. In these cases, a guardian ad litem may be helpful.

When parents cannot agree on custody terms, or when there are concerns that one parent may be improperly awarded custody, a party may seek the appointment of a guardian ad litem (GAL). Understanding the role of a GAL, the circumstances under which a court may appoint one, and how that appointment can affect a custody case can help parties better anticipate the process and prepare as the case proceeds. If you have questions about your parenting case in 2026, a St. Charles custody attorney can explain your options.

What Does a Guardian ad Litem Do in an Illinois Parenting Case?

A Guardian ad Litem, (GAL), is a neutral, professional person chosen by the court to represent a child's best interests during the case. Illinois requires GALs to be licensed attorneys. A GAL will investigate the child's situation and make recommendations to the court. The GAL does not represent either parent.

Illinois law 750 ILCS 5/506 gives judges the authority to appoint a GAL in cases where the judge must decide on what is best for a child. Parents can also ask for a GAL for their custody case. The GAL may interview the child, visit the parents' homes, talk to teachers or doctors, and review school and medical records. They may also observe how each parent interacts with the child. After gathering information, the GAL writes a report for the court with recommendations about parental responsibilities and parenting time.

How Do I Ask the Court to Appoint a Guardian ad Litem?

Either parent can file a motion asking the court to appoint a guardian ad litem. You will need to explain why you believe you need a GAL for your child's case. Be specific about your concerns and why you think an investigation would help the court make a better decision.

The other parent will have a chance to respond to your motion. They can agree that a GAL is needed or argue against it. The judge will hold a hearing to decide whether to grant your request.

Keep in mind that appointing a GAL adds time and cost to your case. Parents usually split guardian ad litem fees, though the court can order one parent to pay more if there is a big income difference or if one parent specifically requests a GAL. In 2026, GAL fees vary, but can range from several thousand to tens of thousands of dollars, depending on how complex the case is.

When Should I Ask for a Guardian ad Litem?

You should ask for a GAL when there are serious concerns about your child's welfare or when you cannot agree with your spouse on important issues. Common situations include:

• Allegations of abuse or neglect

• Substance abuse concerns

• High conflict between parents that affects your child

• Concerns about your spouse’s living situation or home environment

• Disagreements between spouses about special needs or medical care for the child

Can the Court Appoint a Guardian ad Litem Without Either Parent Asking?

Yes. Even if neither parent requests a GAL, the judge can appoint one if they feel they need more information to make a decision. This often happens when there is evidence that the child may not be safe or well taken care of. If the court sees red flags during your case, they may decide a GAL is needed.

Call a Kane County Family Law Attorney Today

Requesting a Guardian ad Litem can have a big impact on your parenting case. A GAL can provide valuable information to the court, but the process also adds complexity and expense. A St. Charles custody lawyer with Mirabella, Kincaid, Frederick & Mirabella, LLC can help you decide whether requesting a GAL makes sense for your situation and guide you through the process.

At MKFM, our lawyers help family law clients throughout the Chicago suburbs, from our offices located in Kane County, DuPage County, and DeKalb County. We understand Illinois parenting laws and can help you protect your relationship with your child. Contact us at 630-665-7300 today to schedule your initial attorney meeting.